TM Creek East Apartments (H-2019-0089)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0089
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for a Conditional Use Permit for a 235-unit Multi-Family
Development on 8.3 Acres of Land in the R-40 Zoning District for TM Creek East Apartments,
Generally Located East of S. Ten Mile Road and South of W. Franklin Road, by Brighton
Investments, LLC.
Case No(s). H-2019-0089
For the Planning & Zoning Commission Hearing Date of: September 19, 2019 (Findings on October
3, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 19, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 19, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 19,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 19, 2019, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
Meridian City Council Meeting Agenda October 3, 2019 – Page 65 of 141
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0089
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upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of September 19, 2019, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant’s request for conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of September 19, 2019, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting, the final plat must be
signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of September 19, 2019
Meridian City Council Meeting Agenda October 3, 2019 – Page 66 of 141
PLy action of the Planning & Zoning Commission at its regular meeting held on the r day of
2019.
COMMISSIONER JESSICA PERREAULT, CHAIRPERSON VOTED
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED
COMMISSIONER RHONDA MCCARVEL VOTED
COMMISSIONER ANDREW SEAL VOTED
COMMISSIONER LISA HOLLAND VOTED��
COMMISSIONER WILLIAM CASSINELLI VOTED_
COMMISSIONER REID OLSEN VOTED
Jess' ere lt, Chairperson
Adrienne/Weather y -I ,D-eputy City Clerk
for Ch"ridJohnson, City Clerk
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By: �JG' Dated:_
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0089
Page 3
EXHIBIT A
Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 9/19/2019
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development Services
Manager
208-887-2211
SUBJECT: TM Creek East Apartments
H-2019-0089
PROPERTY LOCATION:
The site is generally located ¼ mile east
of S. Ten Mile Rd. and south of W.
Franklin Rd., in the NW ¼ of Section 14,
Township 3N., Range 1W.
I. PROJECT DESCRIPTION
The Applicant has submitted an application for a conditional use permit (CUP) for a multi-family
development consisting of 235 residential dwelling units on 8.3 acres of land in the R-40 zoning
district. Alternative Compliance is requested to UDC 11-3A-19B.3a in regard to parking standards;
and to UDC 11-4-3-27B.3 pertaining to private usable open space standards.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 8.3
Future Land Use Designation Mostly HDR with a small portion MU-C (TMISAP)
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Multi-family development
Current Zoning R-40
Proposed Zoning NA
Physical Features (waterways,
hazards, flood plain, hillside)
Ten Mile Creek runs along north boundary of site
Neighborhood meeting date; # of
attendees:
07/25/2019; 1 attendee
History (previous approvals) AZ-03-015 (DA #114045759), PP-13-030 (TM Creek); H-
2015-0018 [AZ (DA #2016-037777), MDA TM Creek East];
H-2016-0067 (TM Creek MDA #2016-073497)
Meridian City Council Meeting Agenda October 3, 2019 – Page 68 of 141
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B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD Commission
Action (yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Access is proposed via (1) access via S. Wayfinder Ave. & (2)
accesses via W. Cobalt Ave., both collector streets
Water
Distance to Water Services 0 feet
Pressure Zone 2
Estimated Project Water ERU’s See application
Water Quality This phase of the development will result in a long dead-end
water main, which may result in poor water quality. Future
development to east will eliminate this dead-end and correct
this potential problem.
Project Consistent with Water
Master Plan
Yes
Impacts/Concerns Long dead-ends to service and fire lines will lower water
quality and fire flow. Suggest continuing water main to east
to loop back into Cobalt. Cobalt Avenue water main
improvements need to be completed for this development to
have access to water.
COMPASS (Communities in
Motion 2040 2.0)
Mixed Use (CIM Vision Category); 235 new households; 0
new jobs; does not exceed CIM forecast
Fire Service
Distance to Fire Station 2 miles
Fire Response Time 5 minutes (under ideal conditions)
Resource Reliability 81% (does not meet targeted goal of 85% or greater)
Risk Identification 2 (current resources would not be adequate to supply service)
Accessibility Meets all requirements
Special/resource needs Aerial device required (can meet this requirement)
Water Supply 5,250 gal./minute for 2 hours
Police Service No comments received
West Ada School District
Distance (elem, ms, hs) 1.7 miles (Peregrine Elementary); 2.5 miles (Meridian
Middle); 1.6 miles (Meridian High)
Capacity of Schools Currently under capacity [650 (Peregrine Elementary); 1,250
(Meridian Middle); 2,400 (Meridian High)]
# of Students Enrolled 552 (Peregrine Elementary); 1,243 (Meridian Middle); 2,080
(Meridian High)
Wastewater
Distance to Sewer Services 0 feet
Sewer Shed 2 – South Black Cat Trunkshed
Estimated Project Sewer
ERU’s
See application
WRRF Declining Balance 13.69
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Meridian City Council Meeting Agenda October 3, 2019 – Page 69 of 141
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C. Project Area Maps
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
III. APPLICANT INFORMATION
A. Applicant
SCS TM Creek & SCS Brighton – 2929 W. Navigator, #400 – Meridian, ID 83642
B. Owner:
Same as Applicant
C. Representative:
Michael D. Wardle, Brighton Corporation – 2929 W. Navigator, #400, Meridian, ID 83642
Meridian City Council Meeting Agenda October 3, 2019 – Page 70 of 141
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IV. NOTICING
A. Newspaper notification published on: 8/30/2019
B. Radius notice mailed to properties within 300 feet on: 8/27/2019
C. Applicant posted notice on site on: 9/4/2019
D. Nextdoor posting: 8/27/2019
V. STAFF ANALYSIS
Applications:
Conditional Use Permit (CUP):
A CUP is required for a multi-family development in the R-40 zoning district per UDC Table 11-
2A-2 and per provision #5.1u in the Development Agreement (Inst. #2016-037777). The
proposed development consists of 235 residential dwelling units (apartments) on 8.3 acres of land
in the R-40 zoning district. This is the second phase of multi-family apartments in the TM Creek
development. This project is proposed to be constructed in one phase with staged occupancy as
shown in Section VII.A.
Alternative Compliance (ALT):
Alternative Compliance is requested to the parking standard listed in UDC 11-3A-19B.3a; and to
the private open space standard listed in UDC 11-4-3-27B.3. Explanations of the Applicant’s
proposal are included below under the applicable sections.
A. Development Agreement:
Development of the property is subject to the terms of the recorded Development Agreement(s)
for this property (#114045759 and subsequent addendums #2016-037777 and #2016-073497).
The subject property is required be subdivided prior to issuance of any building permits for
this site per provision #5.1w of the Development Agreement (Inst. #2016-037777). See the DA
for a complete list of provisions applicable to development of this site.
B. Existing Structures/Site Improvements:
None
C. Existing Zoning
R-40
D. Proposed Use
Multi-family development consisting of 235 residential (apartment) units consisting of a mix of
studio (35), 1-bedroom (100), 2-bedroom (92), and 3-bedroom (8) units at a gross & net density
of 28.3 units per acre. Square footages (s.f.) of the unit types are as follows: studio units – 512
s.f.; 1-bedroom units – 685 s.f.; 2-bedroom units – 1,036 s.f.; and 3-bedroom units – 1,265 s.f.
E. Site Plan:
A site plan was submitted showing how the site is proposed to develop with structures and
associated parking and access driveways (see Section VII.A).
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F. Landscape Plan:
A landscape plan was submitted showing how the site is proposed to be landscaped (see Section
VII.B).
G. Building Elevations:
Conceptual building elevations were submitted for the three (3) proposed 4-story structures as
shown in Section VII.D. Building material are proposed to consist of hardicoat stucco in two (2)
colors (light and dark gray) and 3x3x10 king size running bond brick veneer (red/gray) with a
pre-finished metal parapet cap (dark bronze).
Final design is required to comply with the design standards listed in the Architectural
Standards Manual and the guidelines in the Ten Mile Interchange Specific Area Plan. The
building elevations submitted with the Certificate of Zoning Compliance and Design Review
applications should be consistent with those standards and guidelines.
H. Dimensional Standards: 11-2A-8
All development must comply with the dimensional standards of the R-40 zoning district listed in
UDC Table 11-2A-8.
The height of the structures at 48’6” at the tallest points comply with the maximum building height
allowed in the district of 60 feet. When the property is subdivided, the proposed structures should
comply with the setback standards. Street buffers will be required to be constructed with the
subdivision improvements.
I. Access: 11-3A-3
Access is proposed to be provided via one (1) access via S. Wayfinder Ave. and two (2) accesses
via W. Cobalt Ave., both collector streets, which run along the west and south boundaries of the
site. The Ten Mile Creek runs along the north boundary of the site; because access across the
creek is proposed via Wayfinder Ave., another access is not required on this site. Access via a
local street is not available to this site. A cross-access easement should be granted to the
adjacent property to the east in accord with UDC 11-3A-3A.2 via a note on the plat and/or a
separate recorded agreement.
UDC 11-3A-3 limits access points to collector streets to ensure motorists can safety enter all
streets. Therefore, Staff recommends the easternmost access via W. Cobalt Dr. is removed
and only one access is allowed via W. Cobalt Ave unless otherwise waived by Council.
J. Floodplain:
A portion of this site along the Ten Mile creek is located within the Meridian Floodplain Overlay
District. Prior to any development occurring within the Overlay District, the Applicant is
required to submit, and the City shall review and approve, a floodplain development
application which includes the necessary analysis and documents under MCC Title 10,
Chapter 6, including hydraulic and hydrologic analysis.
K. Specific Use Standards:
The proposed use is subject to the following standards: (Staff’s analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
Multi-family developments with multiple properties shall be considered as one property for the
purpose of implementing the standards set forth in this section.
A. Purpose:
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1. To create multi-family housing that is safe and convenient and that enhances the quality
of life of its residents.
2. To create quality buildings and designs for multi-family development that enhance the
visual character of the community.
3. To create building and site design in multi-family development that is sensitive to and
well integrated with the surrounding neighborhood.
4. To create open space areas that contribute to the aesthetics of the community, provide an
attractive setting for buildings, and provide safe, interesting outdoor spaces for residents.
B. Site Design:
1. Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is
otherwise required by this title and/or title 10 of this Code. Building setbacks shall take
into account windows, entrances, porches and patios, and how they impact adjacent
properties. Complies
2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street. The site plan depicts screened
trash enclosures; all proposed transformer/utility vaults shall comply with this
requirement.
3. A minimum of eighty (80) square feet of private, usable open space shall be provided for
each unit. This requirement can be satisfied through porches, patios, decks, and/or
enclosed yards. Landscaping, entryway and other accessways shall not count toward this
requirement. In circumstances where strict adherence to such standard would create
inconsistency with the purpose statements of this section, the Director may consider an
alternative design proposal through the alternative compliance provisions as set forth in
section 11-5B-5 of this title. Alternative Compliance is requested to provide zero or a
lesser amount of private open space than required, as follows: 0 for studio units; 76 s.f.
for 1-bedroom units; 67 s.f. for 2-bedroom units; and 81 s.f. for 3-bedroom units. As an
alternative, the Applicant proposes site amenities above the minimum requirements
coupled with innovative new urban design with an emphasis on integrated internal open
space, facilities and access to the Ten Mile Creek regional pathway system. Because the
proposed design includes design features consistent with “new urbanism” and promotes
walkable and mixed use neighborhoods with access to the adjacent regional pathway
along the Ten Mile creek and a vast amount of open space, the Director finds the
Applicant’s proposal to be sufficient and approves the Alternative Compliance request as
proposed.
4. For the purposes of this section, vehicular circulation areas, parking areas, and private
usable open space shall not be considered common open space. These areas were not
included in the common open space calculations for the site.
5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall
be stored on the site unless provided for in a separate, designated and screened area.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts", of this title.
7. Developments with twenty (20) units or more shall provide the following:
a. A property management office.
Meridian City Council Meeting Agenda October 3, 2019 – Page 73 of 141
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b. A maintenance storage area.
c. A central mailbox location, including provisions for parcel mail, that provide safe
pedestrian and/or vehicular access.
d. A directory and map of the development at an entrance or convenient location for
those entering the development. (Ord. 18-1773, 4-24-2018)
The site plan submitted with the Certificate of Zoning Compliance application should
depict these items.
C. Common Open Space Design Requirements:
1. A minimum area of outdoor common open space shall be provided as follows:
a. One hundred fifty (150) square feet for each unit containing five hundred (500) or
less square feet of living area. Not applicable
b. Two hundred fifty (250) square feet for each unit containing more than five hundred
(500) square feet and up to one thousand two hundred (1,200) square feet of living
area. 227 units are between 500 and 1,200 s.f.; therefore, a total of 56,750 s.f. (or 1.3
acres) of common open space is required for these units.
c. Three hundred fifty (350) square feet for each unit containing more than one
thousand two hundred (1,200) square feet of living area. 8 units contain more than
1,200 s.f.; therefore, 2,800 s.f. (or 0.06 of an acre) of common open space is required
for these units.
At a minimum, a total of 59,550 s.f. (or 1.37 acres) of outdoor common open space is
required to be provided in the proposed development. A total of 2.25 acres (or 27.1% of
the site) is proposed to be provided as shown in Section VII.C in excess of the minimum
standards. Although some of the area (i.e. street buffers along collector streets) counted
does not qualify, the area that does qualify far exceeds the minimum standards.
2. Common open space shall be not less than four hundred (400) square feet in area, and
shall have a minimum length and width dimension of twenty feet (20'). The central
common area/courtyard complies with this requirement.
3. In phased developments, common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units.
This project is proposed to be developed in one (1) phase.
4. Unless otherwise approved through the conditional use process, common open space
areas shall not be adjacent to collector or arterial streets unless separated from the street
by a berm or constructed barrier at least four feet (4') in height, with breaks in the berm or
barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-
2009) As mentioned above, the buffers along collector streets do not count toward the
qualified open space required for the development.
D. Site Development Amenities:
1. All multi-family developments shall provide for quality of life, open space and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life:
(1) Clubhouse.
(2) Fitness facilities.
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(3) Enclosed bike storage.
(4) Public art such as a statue.
b. Open space:
(1) Open grassy area of at least fifty by one hundred feet (50 x 100') in size.
(2) Community garden.
(3) Ponds or water features.
(4) Plaza.
c. Recreation:
(1) Pool.
(2) Walking trails.
(3) Children's play structures.
(4) Sports courts.
2. The number of amenities shall depend on the size of multi-family development as
follows:
a. For multi-family developments with less than twenty (20) units, two (2) amenities
shall be provided from two (2) separate categories.
b. For multi-family development between twenty (20) and seventy five (75) units, three
(3) amenities shall be provided, with one from each category.
c. For multi-family development with seventy five (75) units or more, four (4)
amenities shall be provided, with at least one from each category.
d. For multi-family developments with more than one hundred (100) units, the decision
making body shall require additional amenities commensurate to the size of the
proposed development.
3. The decision making body shall be authorized to consider other improvements in
addition to those provided under this subsection D, provided that these improvements
provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Based on 235 proposed units, a minimum of 4 amenities are required; however, the
decision making body is authorized to consider other improvements in addition to those
provided.
The following amenities are proposed from the quality of life, open space and recreation
categories: a clubhouse with a 24-hour resident lounge, full kitchen, entertainment area,
game area, 24-hour fitness center featuring Rogue equipment, a work room and wi-fi
throughout all amenity areas; and outdoor amenities as follows: a resort style swimming
pool & year-round spa, poolside patio & grilling area, several shade structures, pool
lounge, ping pong/lounge area, yoga and fireside seating. Access to the multi-use
pathway adjacent to the north boundary of the site along the Ten Mile creek is also
proposed. The proposed amenities exceed the minimum UDC requirements.
E. Landscaping Requirements:
1. Development shall meet the minimum landscaping requirements in accord with chapter 3,
"Regulations Applying to All Districts", of this title.
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2. All street facing elevations shall have landscaping along their foundation. The foundation
landscaping shall meet the following minimum standards:
a. The landscaped area shall be at least three feet (3') wide.
b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum
mature height of twenty four inches (24") shall be planted.
c. Ground cover plants shall be planted in the remainder of the landscaped area.
The landscape plan should be revised to include landscaping as required.
F. Maintenance and Ownership Responsibilities: All multi-family developments shall record
legally binding documents that state the maintenance and ownership responsibilities for the
management of the development, including, but not limited to, structures, parking, common
areas, and other development features. (Ord. 16-1672, 2-16-2016) The Applicant shall comply
with this requirement.
L. Parking: (11-3C-6 & 11-3A-19)
Per UDC Table 11-3C-6 for multi-family developments, the minimum number of off-street
parking spaces are required to be provided: 1-bedroom units require 1.5 spaces per dwelling unit
with at least one of those in a covered carport or garage; and 2- and 3-bedroom units require 2
spaces per unit with at least one in a covered carport or garage.
Based on 35 studio and 100 1-bedroom units; and 100 2- and 3-bedroom units, a minimum of 235
covered carport or garage spaces and 168 uncovered parking spaces should be provided for a total
of 403 spaces. A total of 415 spaces are proposed, consisting of 235 covered spaces (48 garage &
187 carport spaces) and 180 uncovered spaces, in excess of the minimum UDC standards; a total
of 12 extra spaces are proposed. Although extra spaces are proposed, Staff is concerned that
even more uncovered spaces should be provided to accommodate parking for guests and
residents who use their garages for storage instead of parking. Therefore, Staff recommends
the site area is expanded to include the “notched out” area at the southeast corner of the site
and additional parking is provided in that area.
Parking spaces are required to be 19’ long x 9’ wide; when a bumper overhangs onto a
sidewalk or landscaped area, the parking stall dimensions may be reduced 2’ in length if 2’
is added to the width of the sidewalk or landscaped area planted in ground cover per UDC
11-3C-5B.4 or wheel stops may be provided to prevent vehicle overhang beyond the
designated parking stall dimensions. The plans should be revised to comply with this
standard.
UDC 11-3A-19B.3a states no more than 50% of the total off-street parking area for the site shall
be located between building facades and abutting streets. Where parking cannot comply with this
standard, the UDC requires screening by berms, landscaping walls, architectural elements, or a
combination of these elements is provided to produce an appropriate buffer adjacent to public
spaces and roadways per UDC 11-3A-19B.3f. All of the parking on the site is between the
adjacent collector streets and the structures. The Applicant requests Alternative Compliance to
this standard. The justification for the request is that by providing parking on the periphery of the
site adjacent to the abutting collector streets it provides an opportunity for a far greater amount of
usable common open space to be provided centrally within the development. As an alternative
means of compliance to UDC 11-3A-19B.3a, the Applicant proposes berming within the street
buffers along the adjacent collector streets and garages that back up to the street buffers which
will assist in screening the parking areas from the streets. The Director is amenable to the
proposed alternative compliance as it provides an equal or superior means of meeting the intent of
the standard.
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Bicycle parking is required to be provided in accord with the standards listed in UDC 11-3C-6C
and G. A minimum of 17 spaces is required; a total of 33 spaces are proposed – 8 exterior spaces
and 25 interior secured spaces, in accord with UDC standards. Exterior bike racks only appear to
be shown in two locations, one at the south ends of each buildings on the east & west sides of the
development; Staff recommends a minimum of two (2) racks are provided for each building
(one at each end) and in the central common area.
M. Sidewalks:
Five-foot wide detached sidewalks are proposed outside of the site boundary adjacent to the
collector streets along the west and south boundaries.
N. Pathways:
A short segment of the 10-foot wide multi-use pathway along the south side of the Ten Mile
creek is proposed at the northwest corner of the site. Staff recommends additional pedestrian
pathways are provided to the north boundary of this site for connection to the multi-use
pathway planned off-site along the Ten Mile creek – one from the sidewalk in front of the
eastern apartment building and at least one (1) from the central common area.
Internal pedestrian walkways are required to be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A-
19B.4b; the landscape plan should be revised to comply with this requirement.
O. Landscaping
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-
3B-8C. A perimeter landscape buffer is required along the east boundary of the site;
landscaping is not depict on the plan. The planting area in planter islands is required to be
a minimum of 5’ measured inside curbs; some of the planter areas appear to be less than 5’.
All planter islands that serve a single row of parking should be landscaped with at least one
tree and be covered with low shrubs, lawn or other vegetative groundcover. The landscape
plan should be revised accordingly.
A 20-foot wide street buffer is required with development of the subdivision along S. Wayfinder
Ave. and W. Cobalt Dr., both collector streets, landscaped per the standards listed in UDC 11-
3B-7C.
P. Waterways:
The Ten Mile creek runs off-site along the north boundary of this site and should be protected
during construction.
Q. Fencing:
All fencing is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7.
Fencing is not depicted on the landscape plan.
R. Utilities
All utilities for the proposed use are required to be installed at or below grade in accord with the
City’s adopted standards, specifications and ordinances.
The proposed development is required to connect to the City water and sewer systems, unless
otherwise approved by the City Engineer. (See UDC 11-3A-21)
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S. Certificate of Zoning Compliance & Design Review:
Prior to submittal for building permits, a Certificate of Zoning Compliance and Design Review
application is required to be submitted and approved by the Planning Division. Plans submitted
with those applications should comply with the conditions of approval in Section VIII of this
report. Prior to submittal of these applications, a subdivision is required to be recorded that
contains this property.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit and alternative compliance
requests with the conditions in Section VIII of this report.
B. The Meridian Planning & Zoning Commission heard this item on September 19, 2019. At the
public hearing, the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Mike Wardle
b. In opposition: None
c. Commenting: John Gabrielsen
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a.
b.
c.
Lighting and visibility of the internal open space areas.
Transportation improvements in the Ten Mile area (e.g. timing of signals and
construction of additional roadways).
Timing of water main extensions to ensure adequate water pressure and water quality.
3. Key issue(s) of discussion by Commission:
a.
b.
c.
d.
e.
f.
g.
h.
Fire Department’s comments regarding response times to the proposed development.
Updated traffic study from ACHD; Ten Mile Road currently operating at capacity.
Timeframe for the completion of Fire Station No. 6.
Traffic calming on S. Wayfinder Ave.where the Ten Mile pathway intersects the
roadway and proximity of the access of the proposed apartment complex to the pathway
crossing.
Services not keeping up with the growth.
Providing housing options near place of employment.
Delineating the private open space of the development from the public area along the
Ten Mile Creek pathway corridor.
Connection of S. Wayfinder Ave. from W. Cobalt Dr. to S. Vanguard Way.
4. Commission change(s) to Staff recommendation:
a.
b.
c.
d.
e.
Commission struck site specific condition 3h. and 8.
Commission modified site specific condition No. 10 and required a final plat to be
recorded prior to obtaining certificate of occupancy of the first structure on the site.
Commission added a new site specific condition of approval that the applicant
coordinate with ACHD on traffic calming at the Ten Mile pathway crossing.
Commission’s preference that the applicant construct S. Waywinder Ave. from W.
Cobalt Dr. to S. Vanguard Way prior to issuance of occupancy of the first structure.
Commission’s preference that Fire Station No. 6 be operational prior to occupancy of
the first structure.
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VII. EXHIBITS
A. Site Plan (dated: 7/31/2019) & Staged Occupancy Plan
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B. Landscape Plan (dated: 7/30/2019)
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C. Qualified Open Space Exhibit (dated: 7/31/19)
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D. Building Elevations (dated: 6/27/2019) & Floor Plans
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VIII. CITY/AGENCY COMMENTS
A. Planning Division
1. Future development of this site shall comply with the provisions in the Development
Agreement (AZ-13-015, Inst. #114045759) and amended Development agreements (H-
2015-0018, Inst. #2016-037777; and H-2016-0067, Inst. #2016-073497) and the
conditions contained herein.
2. The Developer/Owner shall comply with the specific use standards listed in UDC 11-4-3-
27, Multi-Family Development except as approved through Alternative Compliance with
this application. The Director approved the Applicant’s request for Alternative
Compliance to the private usable open space standard listed in UDC 11-4-3-27B.3 to
allow zero or a lesser amount of private usable open space as follows: 0 for studio units;
76 s.f. for 1-bedroom units; 67 s.f. for 2-bedroom units; and 81 s.f. for 3-bedroom units.
3. The site/landscape plan submitted with the Certificate of Zoning Compliance application
shall be revised as follows:
a. All street facing elevations shall have landscaping along their foundation in accord
with the standards listed in UDC 11-4-3-27E as follows: 1) the landscaped area shall
be at least three feet (3') wide; 2) for every three (3) linear feet of foundation, an
evergreen shrub having a minimum mature height of twenty four inches (24") shall
be planted; and 3) ground cover plants shall be planted in the remainder of the
landscaped area.
b. Depict a property management office; maintenance storage area; central mailbox
location, including provisions for parcel mail, that provide safe pedestrian and/or
vehicular access; and a directory and map of the development at an entrance or
convenient location for those entering the development as set forth in UDC 11-4-3-
27B.7.
c. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public
street, or shall be fully screened from view from a public street.
d. Depict additional pedestrian pathways to the north boundary of this site for
connection to the multi-use pathway planned along the south side of the Ten Mile
creek [i.e. one from the sidewalk in front of the eastern apartment building and at
least one (1) from the central common area].
e. Internal pedestrian walkways are required to be distinguished from the vehicular
driving surfaces through the use of pavers, colored or scored concrete, or bricks per
UDC 11-3A-19B.4b.
f. Parking lot landscaping shall be depicted in accord with the standards listed in UDC
11-3B-8C. A landscaped perimeter buffer is required along the east boundary; the
planting area in planter islands is required to be a minimum of 5’ measured inside
curbs; all planter islands that serve a single row of parking shall be landscaped with
at least one tree and be covered with low shrubs, lawn or other vegetative
groundcover.
g. Parking spaces shall be 19’ long x 9’ wide; when a bumper overhangs onto a
sidewalk or landscaped area, the parking stall dimensions may be reduced 2’ in
length if 2’ is added to the width of the sidewalk or landscaped area planted in
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ground cover per UDC 11-3C-5B.4 or wheel stops may be provided to prevent
vehicle overhang beyond the designated parking stall dimensions.
h. Remove the easternmost driveway via W. Cobalt Dr. in accord with UDC 11-3A-3,
which limits access points via collector streets, unless otherwise waived by City
Council.
i. Expand the site area to include additional parking for guests in the “notched out” area
at the southeast corner of the site.
j. Depict berming within the street buffers along the collector streets as proposed with
the request for Alternative Compliance to the standard listed in UDC 11-3A-19B.3a.
k. Provide a minimum of two (2) bicycle racks for each multi-family building (one at
each end) and in the central common area.
5. Revise the qualified open space exhibit included in Section VII.C to exclude the area in
the collector street buffers.
6. All multi-family developments shall record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features as set forth in UDC 11-4-3-27F. A recorded copy of said documents shall be
submitted to the Planning Division prior to issuance of the first Certificate of
Occupancy for the development.
7. A cross-access easement shall be granted to the adjacent property to the east in accord
with UDC 11-3A-3A.2 via a note on the plat and/or a separate recorded agreement.
8. Prior to any development occurring within the Overlay District, the Applicant is required
to submit, and the City shall review and approve, a floodplain development application
which includes the necessary analysis and documents under MCC Title 10, Chapter 6,
including hydraulic and hydrologic analysis.
9. The site layout and structures shall be designed to comply with the Structure and Site
Design Standards listed UDC 11-3A-19 (except as approved by the Director through
Alternative Compliance), the multi-family residential design standards listed in the
Architectural Standards Manual, and the design guidelines in the Ten Mile Interchange
Specific Area Plan except as approved through Alternative Compliance with this
application. The Director approved the Applicant’s request for Alternative Compliance to
11-3A-19B.3a – The applicant shall provide berming within the street buffers along the
abutting collector streets and garages that back up to the buffer for screening of the
parking areas from the street as proposed.
10. The subject property shall be subdivided prior to issuance of occupancy of the first
structure on the site any building permits for this site per requirement of the
Development Agreement (Inst. #2016-037777).
11. A Certificate of Zoning Compliance and Design Review application(s) is required to be
submitted to the Planning Division and approved prior to submittal of building permit
applications.
12. The applicant shall coordinate with ACHD on traffic calming at the Ten Mile pathway
crossing where it intersects S. Wayfinder Ave.
13. Applicant should attempt to construct S. Wayfinder Ave. from W.Cobalt Dr. to S.
Vanguard Way prior to issuance of occupancy of the first structure on the site.
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14. The applicant should coordinate the completion of Fire Station No. 6 with obtaining
occupancy of the first structure on the site.
B. Public Works Department
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is
three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2. The applicant shall provide easement(s) for all public water/sewer mains outside of
public right of way (include all water services and hydrants). The easement widths shall
be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be
dedicated via the plat, but rather dedicated outside the plat process using the City of
Meridian’s standard forms. The easement shall be graphically depicted on the plat for
reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,
which must include the area of the easement (marked EXHIBIT A) and an 8 ½” x 11”
map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a
note to the plat referencing this document. All easements must be submitted, reviewed,
and approved prior to development plan approval.
3. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being developed shall
be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with
Idaho Code 42-1207 and any other applicable law or regulation.
4. Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian
Engineering Department at (208)898-5500 for inspections of disconnection of services.
Wells may be used for non-domestic purposes such as landscape irrigation if approved by
Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190.
5. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections (208)375-5211.
6. Street signs are to be in place, water system shall be approved and activated, and at a
minimum, a compacted gravel road base shall be in place prior to applying for building
permits.
7. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
8. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to the
issuance of a plan approval letter.
9. It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
10. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
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11. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. All grading of the site shall be performed in conformance with MCC 11-12-3H.
13. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
14. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
15. At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
16. The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20% of the total construction cost for all completed sewer, water and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety, which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
C. Meridian Fire Department
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=176157
D. West Ada School District
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=176130
E. Department of Environmental Quality (DEQ):
http://weblink.meridiancity.org/weblink8/0/doc/176396/Page1.aspx
F. Community Planning Association of Southwest Idaho
http://weblink.meridiancity.org/weblink8/0/doc/176893/Page1.aspx
G. Central District Health Department
http://weblink.meridiancity.org/weblink8/0/doc/176948/Page1.aspx
H. Ada County Highway District (ACHD):
http://weblink.meridiancity.org/weblink8/0/doc/176985/Page1.aspx
IX. FINDINGS
A. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
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The Commission finds that the subject property is large enough to accommodate the proposed
use and dimensional and development regulations of the R-40 district (see Analysis, Section
V for more information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the proposed use is consistent with the TMISAP future land use
map designations of MU-C and HDR and is allowed as a conditional use in UDC Table 11-
2A-2 in the R-40 zoning district. Further, the Commission finds the proposed high density
residential use and tall structures proposed adjacent to a MU-C designated area with a
pedestrian oriented design to be consistent with the Comprehensive Plan for HDR designated
areas.
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of the
same area.
The Commission finds the proposed design of the development, construction, operation and
maintenance should be compatible with the mix of other uses planned for this area and with
the intended character of the Ten Mile Interchange area and that such uses will not adversely
change the character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area. The Commission did
weigh in on all public testimony provided to determine if the development will adversely affect
other properties in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission finds that essential public services are available to this property and that the
use will be adequately served by these facilities.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community’s economic welfare.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds the proposed use will not be detrimental to any persons, property or
the general welfare of the area.
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8. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the Commission finds that the proposed use will not
result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
B. Alternative Compliance (UDC 11-3A-19.2A)
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
While it’s feasible for the applicant to comply with UDC standards pertaining to private open
space and parking standards, the Director finds the development offers an improved design as
proposed.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the design proposed by the applicant, which incorporates “new urbanism”
design features that promote walkable and mixed use neighborhoods and provides a vast
amount of open space, provides an equal or superior means for meeting the requirements.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative means will not be detrimental to the public
welfare or impair the intended use/character of the surrounding properties and will actually
contribute to the character and mixed use neighborhood in this area of the City.
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